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A BILL TO BE ENTITLED
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AN ACT
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relating to the enforcement by the secretary of state of certain |
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voter roll maintenance provisions; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 31, Election Code, is |
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amended by adding Section 31.017 to read as follows: |
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Sec. 31.017. ENFORCEMENT OF VOTER ROLL MAINTENANCE |
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PROVISIONS. (a) The secretary of state shall monitor each court |
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clerk and voter registrar for compliance with the following |
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provisions and with any rules implementing the following |
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provisions: |
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(1) Sections 62.113 and 62.114, Government Code; |
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(2) Subchapter D, Chapter 15; |
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(3) Subchapters A and B, Chapter 16; and |
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(4) Subchapter C, Chapter 18. |
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(b) If the secretary of state determines that a court clerk |
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or voter registrar has failed to comply with a requirement imposed |
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on the clerk or registrar by a provision listed in Subsection (a), |
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the secretary of state shall: |
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(1) for the first violation, require the clerk or |
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registrar to attend a training course developed under Subsection |
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(e); |
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(2) for the second violation, audit the voter |
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registration list for the county in which the clerk or registrar |
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serves to determine the actions needed to achieve compliance with |
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state law and rules adopted by the secretary of state; or |
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(3) for a third or subsequent violation, inform an |
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appropriate law enforcement agency that an offense under Subsection |
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(c) may have been committed. |
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(c) A county clerk or voter registrar commits an offense if |
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the clerk or registrar fails to comply with a requirement imposed on |
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the clerk or registrar by a provision listed under Subsection (a) |
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three or more times. |
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(d) An offense under Subsection (c) is a state jail felony. |
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(e) The secretary of state shall develop and implement a |
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training course for court clerks and registrars on the maintenance |
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of voter rolls required and permitted by law. |
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SECTION 2. The changes in law made by this Act apply only to |
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an offense committed on or after January 1, 2022. An offense |
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committed before January 1, 2022, is governed by the law in effect |
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on the date the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense was committed before January 1, 2022, if any element of |
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the offense was committed before January 1, 2022. |
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SECTION 3. Not later than January 1, 2022, the secretary of |
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state shall develop the training course required by Section 31.017, |
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Election Code, as added by this Act. |
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SECTION 4. This Act takes effect September 1, 2021. |